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(영문) 서울고등법원 2018.08.29 2018나2008000

임금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall attach 3.0 to the rest of the plaintiffs except the plaintiff A.

Reasons

1. The part of the judgment of the court of first instance, which cited the instant case, concerning the basic facts, the parties’ assertion, whether each of the instant allowances constitutes ordinary wages, and the judgment as to the Defendant’s defense of violation of the good faith principle, is identical to the corresponding part of the judgment of the court of first instance, except for partial dismissal or addition, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The part concerning "Article 9 (4)" of the 3rd parallel shall be amended to "Article 9 (4)".

② On the 5th page 14, the part “not falling under ordinary wages” added as one column following the 5th page “..............................) the selective welfare points are also limited to the use of points, should be used within a certain period, carried over is prohibited, and money is paid only in the case of cash payment, and the points allocation cannot be determined at the time of providing labor, and thus, do

(3) Face 6, 4 through 7 shall be deleted.

(4) The following shall be added to the pages 10, 14:

“4) First of all, the selective welfare points (basic points, continuous service points) A), the basic points among selective welfare points, and continuous service points, are considered as wages. According to the facts and evidence as seen earlier, the Defendant allocated basic points to the employees belonging to the Defendant in accordance with the welfare rules each year, allocated continuous service points according to the continuous service period, allocated one points by evaluating one point as one won, so that the employees can purchase goods and services within the extent of the welfare points allocated, and deducted welfare points equivalent to the settlement amount from the amount of the payment for the welfare points.